(1) When a thika tenant vohintarily abandons his holding without notice to the landlord and without arranging for the payment of his rent as it falls due, the landlord 5 The Calcutta Thika Tenancy Act, 1949.
I I of 1949.]
(Chapter II—Incidents of thika tenancies.—Section 10.)
may, at any time after the expiration of a period of two months from the date of such voluntary abandonment, file the notice referred to in sub-section (2) and subject to the provisions of sub-section (3) and of section 10 enter on the holding and let out the same to another tenant or occupy it himself.
(2) A landlord who intends to enter on a holding under this section shall file a notice in the prescribed form with the Controller stating that he has treated the holding as abandoned and intends to enter on it accordingly; and the Controller shall within fifteen days from the date on which the notice is so filed cause such notice to be published in the prescribed manner.
(3) After the publication of the notice under subsection (2), the thika tenant may apply to the Controller at any time not later than the expiration of one month from the date of the publication of such notice for the cancellation of such notice and thereupon the Controller may, on being satisfied after such inquiry as he considers necessary that the thika tenant is entitled to continue in possession, cancel the notice and direct that the thika tenant shall continue in possession of the holding subject to payment of the arrears of rent due on the date pn which the notice is so cancelled.
If the thika tenant does not make any application under this sub-section or his application under this sub-section is rejected, the landlord may enter on the holding subject to the provisions of section 10.
WIN West Ben.
Act XXX VIII of 1948.